For the purpose of these regulations, which shall be known as and may be cited as “City of Lancaster, Ohio Subdivision Regulations,” certain words used herein are defined as follows:
The word “person” includes a firm, associations, organization, partnership, trust, company, or corporation as well as an individual.
The present tense includes the future tense; the singular number includes the plural, and the plural number includes the singular number.
The word “shall” is a mandatory requirement; the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied”.
The word “lot” includes the words “plot” and “parcel”
* Abutting shall mean contiguous or separated there from only be a non-arterial street, alley or railroad right-of-way. In other instances, abutting shall mean contiguous.
* Alleys are minor ways, which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
* Anticipated Development is the full potential urbanization of the contributing watershed, considering the Future Land Use Plan and the reasonable assumption that in considering the effects of a proposed development in a floodplain area that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream or watercourse.
* Arterial Streets and Highways are those, which are used primarily for fast or heavy through traffic and may include parkway or special traffic way.
* Board of Park Commissioners is the Board of Park Commissioners for the City of Lancaster.
* Board of Zoning Appeals (BZA) is the Board of Zoning Appeals of the City of Lancaster.
* Block is a piece or parcel of land entirely surrounded by public highways, streets, streams, railroads, parks, other physical features, exterior boundaries or the subdivision or combinations thereof.
* Building is a structure, which is permanently affixed to the land, and has one or more floors and a roof and is bounded by either another building with a common party wall, open air, or the lot lines of a lot.
* Building setback is the minimum distance between the property line and the outside wall of a structure or any enclosed projection thereof.
* Building Sewer is the portion of the sanitary sewer between the sanitary wye and the structure.
* Caliper is the diameter of a tree trunk measured at six (6) inches above ground level for a tree trunk having a diameter of four (4) inches or less and the diameter of the tree trunk measured at twelve (12) inches above ground level for a tree trunk having a diameter exceeding four (4) inches.
* City Council is the City Council of the City of Lancaster.
* City Engineer is the City Engineer of the City of Lancaster.
* Code is the Codified Ordinances of the City of Lancaster.
* Code Administrator is the person designated by the City of Lancaster to administer the zoning code.
* Commission is the City Planning Commission, of the City of Lancaster.
* Comprehensive Development Plan is a plan, or any portion thereof, adopted by the Planning Commission and approved by the Legislative Authority of the City of Lancaster, showing the general location and extent of present or proposed physical facilities including housing, industrial, and commercial uses, major streets, parks, schools and other community facilities. This plan establishes the goals, objectives, and policies of the community.
* Comprehensive Master Plan is the Comprehensive Development Plan.
* Construction and Materials Standards are the Construction and Materials Standards for the City of Lancaster as issued by the City Engineer. Where no City Standard exists, the Construction and Materials shall refer to the current State of Ohio Department of Transportation Construction and Material Specifications.
* Covenant is a written promise or pledge.
* Cul-de-Sac is a street with one end open to traffic and being permanently terminated at the other end by a vehicle turn-around; usually of relatively short length.
* Curb Level is the mean level of established curb at the frontage of a lot. Where no curb has been established, the City Engineer shall establish such curb level or it’s equivalent.
* Dead End Street is a street temporarily having only one (1) outlet for vehicular traffic and intended to by extended or continued in the future.
* Designated Residential Development Area is the area specifically designated for residential development by conditions imposed in a Planned Unit Development (PUD).
* Developer is any individual, subdivider, firm association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another.
* Development of any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
* Development Agreement is a written agreement between the Developer and the City of Lancaster specifying the terms and conditions of the construction of the development.
* Double Frontage is frontage on two different streets except for corner lots.
* Drip line is the periphery of the area underneath a tree, which would be encompassed by perpendicular lines extending from the exterior edges of the crown of the tree.
* Easement is a specific piece or parcel of land granted by the owner for a specific purpose to the general public, corporation or person, within which the owner shall not erect any permanent structures but shall have the right to use the land subject to such easement. Easements usually are provided for sanitary sewer, storm sewer, ditches, water mains, electricity, natural gas, telephone, walks and drives, etc.
* Engineer is a registered engineer authorized to practice Engineering in the State of Ohio.
* Fill is the placement of materials, either natural or manmade in order to raise the surface elevation.
* Final Plat is a plan or drawing of the subdivision and accompanying required data or information submitted by the Subdivider to the Planning Commission for final approval.
* Freeway is a street designated as a freeway on the Major Street Plan.
* Land Area is the area of the lot.
* Land Coverage is the land area of a lot covered by building or buildings, except structural parking.
* Land Use Plan is the Comprehensive Development Plan.
* Landscaping is the unpaved area within a lot which contains grass, shrubs, flowers, ground cover, trees or native plant materials and which may include decorative fixtures such as rock, pools and planters.
* Loading Berth, Off-Street is a space of at least 10 feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
* Lot is a portion of a subdivision or other parcel of land intended for the purpose whether immediate or future, of transfer of ownership or for building development.
* Lot Frontage is the front of a lot and shall be constructed to be the portion nearest the street. For the purpose of determining set back requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.
* Lot Line is any boundary of a lot.
* Lot Measurement shall be as follows:
Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot line in the rear.
Width of a lot shall be considered to be the distance between straight lines connecting the front and rear lot lines at each side of the lot measured at the building setback line, provided, however, that the width between the side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width.
* Lot of Record is a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has so been recorded.
* Maintenance Bond is a guarantee by the Owner/Developer for the workmanship and materials of all public improvements installed as part of the development for a one-year period equal to 10% of the construction costs.
* Major Collector Streets are those which carry traffic from minor streets to the major systems of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
* Major Street Plan is the Major Thoroughfare Plan.
* Major Thoroughfare Plan is the Comprehensive Plan adopted by the City Planning Commission and approved by the Legislative Authority indicating the general location recommended for the arterial, collector, and local thoroughfares within the corporate limits of the City of Lancaster and/or areas that may annex to the City of Lancaster.
* Marginal Access Streets are minor streets that are parallel or adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
* Minor Streets are those that are used primarily for access to the abutting properties.
* Minor Subdivision is a division of a parcel of land that does not require a plat to be approved by a planning authority according to Section 711.131, Ohio Revised Code.
* Monument is a permanent concrete or iron pin marker used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary lines, corners and points of change in street alignment.
* Municipal Arborist is the Municipal Arborist of the City of Lancaster
* Owner is any individual, subdivider, firm association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision or land hereunder for himself or for another.
* Parking Space, Off-Street is a space on a lot intended and reserved for the parking of a motorized vehicle.
* Performance Assurance is an agreement by a sub divider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the Developer’s agreement. In lieu of completion for all or part of the improvements as specified prior to the approval of the final plat, the developer shall provide a bond, executed by a surety or sureties, or a letter of credit, or an Escrow Agreement for all or part as agreed upon, satisfactory to the Planning Commission, or a certified check guaranteeing completion of the improvements within two (2) years or agreed upon by the Planning Commission. This bond or check shall be in an amount equal to the estimated cost of completing the improvements.
* Permit to Install is the Permit to Install issued by the Ohio Environmental Protection Agency to the developer or the City for any of the subdivision improvements including but not limited to water systems, wastewater systems, storm systems, air pollution control systems or solid and hazardous waste systems.
* Planned Unit Development is a discretionary type of development for a tract of land under single ownership or control, based upon an approved development plan permitting flexibility of principal land uses, lot sizes, and accessory uses not otherwise available under conventional development standards.
* Planning Commission is the Lancaster City Planning Commission (LCPC).
* Plat is the map, drawing, or chart on which the Developer’s final plans or subdivision is presented to the City Planning Commission and City Council for approval, and after such approval, to the County Recorder for recording.
* Preliminary Plat is a map, drawing, or plan of the layout and design of a proposed subdivision submitted by the Subdivider to the Planning Commission for consideration and tentative approval.
* Public Improvement is the installation, rehabilitation or repair of streets, water lines, and appurtenances, sewer lines, appurtenances, drainage structures, ponds, and channels or any other facility to be used and maintained by the City of Lancaster for the benefit of the citizens.
* Public Street is an alley, avenue, boulevard, circle, court, drive, expressway, freeway, highway, lane, parkway, place, road, street, or way on which the general public or public entity have a right, or which are dedicated whether improved or not.
* Public Way is an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, or other ways which the general public or public entity have a right, or which are dedicated whether improved or not.
* Reserve Strips are parcels of land situated so as to control access to streets.
* Reverse Frontage is the second frontage on a minor street of a lot that also has frontage on an arterial or major collector street.
* Right-of-Way is a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalk, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
* Setback is a horizontal distance determining the location of a building with respect to a street, use district boundary line, or another use. Where the term “setback” is used in conjunction with a modifying work or words such as “parking area”, the setback shall in its application, include but not be limited to, buildings.
* Sketch Plan is a preliminary drawing of a subdivision showing the number of lots and the proposed street layout.
* Standard Plans are the Standard Construction Drawings of the City of Lancaster as issued by the City Engineer, along with any general notes or design standards.
* Standard Specifications are the Construction and Material Specifications of the City of Lancaster as issued by the City Engineer.
* Street yard is the minimum required yard abutting a public street or the area of a lot contained between the minimum required building setback line and an abutting public street.
* Sidewalk is that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. See “Walkway”.
* Street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land place, or however otherwise designated.
* Structure is anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, and includes buildings, walks, fences, and signs.
* Subdivider is a person, firm, partnership, association, or corporation undertaking the subdividing or re-subdividing of a lot, tract, or parcel of land.
* Subdivision means:
The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites, or lots, any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
The improvement of one or more parcels or land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except a private street serving an industrial structure; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
* Surveyor is a registered land surveyor authorized to practice surveying in the State of Ohio.
* Thoroughfare Plan is the Comprehensive Thoroughfare Plan.
* Tree is a woody plant having one or more defined stems or trunks and as set forth within a list of trees certified by the Urban Forester of the City and adopted by resolution of the Planning Commission.
* USGS is the United States Geological Survey.
* Variance is a relaxation of a restriction of the Code, granted by the Planning Commission where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstance of a particular property, the literal enforcement of the Code restriction would result in unnecessary hardship.
* Vicinity Map is a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the Fairfield County in order to better locate and orient the area in question.
* Watershed is the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
* Walkway is a dedicated public way for pedestrian use only.
* Water Service is the portion of the water system between the corporation stop and the structure. The portion of the service between the corporation stop and the curb box shall be maintained by the City.
* Yard is an open unoccupied space on a lot between a building and a lot line.
* Wellhead Protection Zone is an area designated as within the one-year or five-year time of travel area for the public water supply for the City of Lancaster.
* Zoning is the Zoning Code of the City of Lancaster.
(Ord. 5-01. Passed 2-26-01.)